Alan Thomson Simulation Content End User Licence Agreement

(Latest version: 23rd Jan 2019)

1. ABOUT US

1.1 We are Alan Thomson Simulation, we’re also referred to in this EULA as “Alan Thomson Simulation” or “we” or “us“.

1.2 Please send any correspondence to: Alan Thomson Simulation, 19 Lady Jermy Way, Teversham, Cambridge, CB1 9BG.

2. ABOUT THIS End User Licence Agreement (“EULA”)

2.1 This EULA governs your use of the Alan Thomson Simulation add-ons, user-generated content or downloadable content(which we will call the “Software” in this EULA) which is specifically branded as being created by Alan Thomson Simulation. This EULA does not apply to other third party products when we sell, host, distribute, offer for free* or as part of a competition or promotion. Please read it carefully because it is an important document: a lot of time and effort has gone into making the add-ons and, in order for us to keep working on them, we need to have some rules about what you can and cannot do when using them. If you have any queries, please contact us.

*Except where specifically mentioned

2.2 By clicking on the “Yes” or “Install” button, or by downloading or using the add-ons in any way, you confirm your agreement to this EULA. If you do not agree to the terms of this EULA, please click the “No” or “Exit” button and do not use the Software.

2.3 If you are a minor (which will depend on your country of residence), please ask your parent or guardian to review and approve this EULA on your behalf (because legally minors cannot enter into agreements like this EULA).

2.4 From time to time, we have tried to explain some of the more ‘legal’ concepts in this EULA in a helpful manner. For the avoidance of any doubt, these explanations are just to aid your comprehension of this EULA and are not intended to affect the legal meaning of any part of this EULA.

3. LICENCE OF THE SOFTWARE

3.1 We give you the personal right (known as a ‘licence’) to download, install (and enjoy!) the Software for your personal use. We can terminate this licence in certain circumstances, which are explained further below. This licence is ‘non-exclusive’, meaning that we can grant similar licences to other people as well.

3.2 You may not transfer or sub-license this licence in any way to anyone else unless we first agree to it in writing.

  1. You may use our software in user generated content created by you but this must be offered to us to on a first refusal basis to be distributed through Alan Thomson Simulation and not hosted on other platforms without our consent. You may however host user generated content on Steam and through the Dovetail Store.
  2. Where your user generated content is intended to be distributed for a fee or as part of a subscription or commercial service we will not unreasonably withhold our consent providing it has been offered to us on a first refusal basis. If you would like to create paid for user generated content using our products please contact us.
  3. In all regards to the product known as “West Coast Mainline South – London and the Midlands” and previous versions of this product, including but not limited to “WCML South V5.1, WCML South V5.2, WCML South V5.3 and WCMLS V6.0+” The following special terms are imposed;
    – Use of this product is limited to personal use only
    – The product may not be used for any reason other than the creation of scenarios
    – The product may not be used for any other purpose without our express, written permission.
    – No file from the products download archive may be reused, adapted, modified, reverse engineered, updated or any other kind of modification made to it which is then released to the public, a sector of the public or in any kind of commercial product. Commercial product is held to mean any product for which payment of some kind whether it be monetary or otherwise is due to effect access to the product or to use it.
    – Use of this product may be granted in some circumstances. please contact us for information.

4. PATCHES, UPDATES AND CHANGES TO THE SOFTWARE

4.1 From time to time, we may need to deploy or provide patches, updates, additional content or other modifications to the Software (for example, but not limited to, enhance the Software, to add new features or to resolve software bugs). You hereby grant us your consent for us to deploy and apply such patches, updates or other modifications to the Software automatically.

4.2 From time to time, we may also at our absolute discretion remove or suspend access to particular features, content or other parts of the Software.

5. TECHNICAL REQUIREMENTS

5.1 By using the Software you agree that you have the necessary hardware, software and capability required for its use. We accept no responsibility or liability for any failure of your system to meet the technical requirements of the Software as amended or updated from time to time.

6. INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE

6.1 By “Intellectual Property Rights” what we mean is: all ownership rights and interests in copyright, design right, database rights, patents and any rights to inventions, know-how, trade and business names, confidential information and trade marks (whether registered or unregistered) and any applications and other like rights.

6.2 We own and reserve all of the Intellectual Property Rights in the Software (or we license them from third parties) unless we inform you otherwise.

7. GENERAL

7.1 If you breach this EULA and we take no or limited action against you, we will still be fully entitled to take action in any other situation where you breach this EULA.

7.2 If any part of this EULA is held to be unenforceable, then we and you agree to interpret it and the rest of this EULA in such a way as to reflect the parties’ intentions as far as possible. Also, if any part of this EULA is held to be unenforceable then that will not affect the enforceability of any other part of this EULA.

7.3 No term of this EULA is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

7.4 This EULA constitutes the entire agreement and understanding between you and us regarding the Software and supersedes any previous agreement or understanding between you and us. You and we agree that neither of us have relied upon any statement, representation, warranty, undertaking or promise which is not expressly set out in this EULA.

7.5 Where we have provided you with a translation of the English language version of this agreement, you agree that the translation is provided for your convenience only and that the English language version will govern your relationship with us. If there is any contradiction between the English language version and a translation, the English language version will take precedence.

8. GOVERNING LAW AND JURISDICTION

8.1 You and we agree that:

(a) your use of the Software, and the validity and meaning of this EULA, shall be governed by and interpreted according to the laws of England and Wales; and

(b) any dispute regarding this EULA shall be heard exclusively by the courts of England and Wales.

9. CHANGES TO THIS EULA

9.1 We may vary this EULA as and when we consider it appropriate or necessary. If so, then we will make the revised EULA available.